Fathers often feel out of touch in child custody proceedings. Many believe they cannot win custody of their children or receive a fair shake in a financial split. That doesn’t have to be the case. At Diarian & Bociaga, our skilled Sherman Oaks family law attorneys know how meaningful your relationship with your child is and are willing to do everything we can to protect it. We’re your one-stop shop for divorce and child custody proceedings, with over a decade of defending fathers in their most challenging legal battles. Contact us today by calling (818) 205-9090.
What Can A Fathers’ Rights Lawyer Do For Me?
A skilled Sherman Oaks fathers’ rights lawyer knows how to guide you through the legal process and give you the best chance at reaching an amicable result in your child custody proceeding. At Diarian & Bociaga, we know that every case and every father is unique. We’ll take the time to sit with you and discuss the ins and outs of your current situation. Because we offer a client-centered approach, your goals become our goals. There are many different areas a fathers’ rights attorney in Sherman Oaks can help you navigate, including:
- Custody battles
- Visitation agreements
- Enforcing and modifying custody orders
- Counseling
When dealing with something as important as your children, you want to avoid as much risk as possible. Placing your trust in Diarian & Bociaga is a surefire way to ensure you have the best legal counsel available to fight for your parental rights.
What Are Fathers’ Rights?
Your child deserves a father who is active and present in their life. As a father, you have the right to be there for your child. Unfortunately, it is too familiar for fathers’ rights to be overlooked or disregarded in many states. Often, fathers are stuck with hefty child support payments and visitation rights that don’t match their ongoing financial obligations to their families. It’s important to understand that the obligation to pay child support is a source of parental rights.
In California, your rights as a father depend on which type of parent you are. In dependency court, California recognizes three groups of parents, each with varying degrees of rights. The groups are as follows:
- Alleged Parents: You are considered an alleged parent if the child’s mother has informed a social worker that you are the father. Additionally, if you attend the first child custody hearing and claim you are the parent, you will be considered an alleged parent. This group of parents has the fewest rights of the three groups, which are outlined in Family Code Section 7666. You will have the right to know when the dependency hearing is taking place and a chance to prove your parentage. However, you won’t have a right to custody.
- Biological Fathers: If DNA confirms that you are your child’s father or you have a paternity judgment from a family law court, you’ll be considered your child’s biological father. Biological fathers have the right to notice of the dependency hearing and to show that they are a presumed parent. As a biological father, the court may offer you services to help get your child back in your care if that’s what’s best for the child.
- Presumed Father: You may qualify as a presumed father if your name is on the child’s birth certificate, there is a family court order establishing a parental relationship, or you have played the role of a father and raised the child as yours. This category of parentage has the most rights. Presumed fathers have the right to reunification services, visitation, and custody.
Since mothers and fathers have the same parental rights in California, judges in custody cases base their decisions on what’s in the child’s best interests. This standard is set forth is Family Code Section 3011 and others. That decision cannot be based on the sex or gender of one of the parents. However, mothers are often awarded more rights than fathers simply due to their availability in light of the father’s work schedule. If a father can show that he is equally available as the mother to care for the children, he may be awarded equal parenting time. Fathers also have the same right as mothers to control their child’s upbringing, including schooling, medical treatment, and religious affiliations.
Can I Get Out Of An Unfair Child Support Arrangement?
As a father, you should initiate an order to modify child support pursuant to Family Code Section 3651 when you are unable to afford its pay. California law says the court can issue an order for child support at any time the court deems necessary if circumstances change significantly. Parents can also face economic hardships, so one cannot bear child support. You can take your petition to court with reasonable changes in your child support order if you can prove a significant change of circumstances is happening, giving you a reason to make that change.
However, there are everyday situations that are considered a significant change in circumstances:
- Loss of income: Loss of income, such as losing a job, having work hours cut, or changing employment, can devastate a father’s financial situation
- Health-related issue: If a major health-related issue has occurred regarding you or your child, such that it affects both of you and your child’s working capabilities, the issue of child support can be reviewed.
- Changes in custody or visitation: If custody arrangements change or the child spends more time with one parent than the other, it may impact the amount of owed child support and persuade the court to issue a modification.
- Changes in expenses: A drastic change in cost related to the child’s needs, such as medical or educational expenses, may allow a change. To request a change in child support in California, you must file formal requests with the court and attach documentation supporting the changes you will have claimed.
Suppose you’re facing financial hardship and cannot meet your child support obligations. In that case, it’s essential to speak to a qualified Sherman Oaks fathers’ rights attorney as soon as possible. An attorney can guide you through the modification process and help you come to terms with an arrangement that accurately reflects your current financial situation.
Contact us today to discuss how Diarian & Bociaga can protect your parental rights.